Facts
The appellants challenged the First District Judge, Bilaspur’s order dated 22 April 2026 dismissing their civil suit under Order VII Rule 11(d) CPC.
Source reference: para. 1The dismissal followed a High Court order in Civil Revision No. 315 of 2025, which set aside the trial court’s earlier refusal to reject the plaint and directed that the plaint stood rejected as barred by law.
Source reference: paras. 2, 5–6The appellants’ review application against the revision order was also dismissed.
Source reference: para. 8They then filed this first appeal against the trial court’s consequential order.
Source reference: no citationIssues
Whether a first appeal was maintainable against the trial court’s order dismissing the suit when that order merely implemented the High Court’s earlier order in civil revision.
Source reference: paras. 2–3, 7–9Law Applied
An order rejecting a plaint under Order VII Rule 11(d) CPC amounts to a decree and is ordinarily appealable under the CPC.
Source reference: para. 5However, where the substantive order rejecting the plaint was made by the High Court in civil revision, and the trial court’s later order merely gives effect to that decision, the challenge must be directed against the High Court’s substantive order; an appeal against the consequential trial court order is not maintainable.
Source reference: paras. 6–9No precedent was cited.
Source reference: no citationReasoning
The Court accepted that rejection of a plaint under Order VII Rule 11(d) CPC ordinarily permits an appeal.
Source reference: para. 5But the operative rejection in this case was contained in the High Court’s civil-revision order, which expressly stated that the plaint stood rejected as barred by law.
Source reference: para. 6The trial court’s order was only consequential, so the appellants’ grievance lay against the revision order, not the later trial court order.
Source reference: paras. 7–9The dismissal of the review application did not alter the character of the order under challenge.
Source reference: para. 8Holding
The Court held that the first appeal was not maintainable because it challenged only the consequential trial court order, rather than the substantive order passed in civil revision.
The appeal was dismissed, with no order as to costs.
Source reference: para. 10Original Court PDF
MS. STARTUP ENGINEERS,vsBANK OF BARODA
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